[Download] "Equitable Life Assurance Society v. Gillam" by Supreme Court of Georgia " eBook PDF Kindle ePub Free
eBook details
- Title: Equitable Life Assurance Society v. Gillam
- Author : Supreme Court of Georgia
- Release Date : January 14, 1943
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
Harry J. Gillam filed suit against the Equitable Life Assurance Society of the United States, on two contracts of insurance, one dated May 1, 1928, which was originally a life-insurance policy, and rewritten on March 22, 1930, so as to provide for disability, and the other dated January 7, 1932. The plaintiff sought (a) to recover stated unearned premiums on the policies; (b) attorney's fees and damages; (c) to enjoin the defendant from allowing the policies to lapse; (d) a decree directing defendant to waive all the premiums, during the total and permanent disability of the plaintiff, in conformity with the provisions of the policies; (e) specific performance of the provisions of the policies; (f) general equitable relief; (g) rule nisi requiring defendant to show cause why plaintiff should not be allowed to pay further premiums into the registry of the court; (h) rule nisi requiring defendant to show cause why it should not be ordered to carry out the other terms of the policies and comply with the prayers of the petition; (i) to enjoin defendant from further collection of premiums under the policies. The suit was in two counts. The plaintiff alleged in each count, that he became totally and permanently disabled under the terms of the policies on June 10, 1941, and sought to recover $40 a month on one policy and $50 a month on the other from June 10, 1941, to date of trial; that due proof of his disability had been given to the defendant; that in conformity with the provisions of the policies the defendant should have waived the payment of premiums from the date of the total and permanent disability.